Evil, esquire: Writing a lawyer that I don’t want to murder (series post)

So you want (your character) to be a lawyer…

In the way that many doctors don’t watch medical shows on TV, I rarely watch lawyer shows. Not necessarily because they get everything wrong (I can, for instance, understand why they make everything happen in 40 minutes – if I could condense my years worth of work on a probate to 40 minutes, I sure as hell would), but because I need a break from it all. Watching a lawyer TV show feels a bit too much like being at work.

Unless it’s Franklin and Bash, in which case, man, I wish being at work were like that show.

Anyway, I’ve heard that criminal attorneys have issues trying cases because juries expect everything to be like Law and Order and CSI. I don’t have that problem (please, keep me as far away from a criminal case and a jury trial as possible), but I do encounter a lot of little things that people expect from having seen on TV.

First, what do I do? I specialize in trusts and estates, which means we do estate planning (drafting wills, trusts, end of life documents, etc), and administration (trust administration, probate, after-death planning). This means I’m really good at my area of laws (trusts, estates, and to some extent, taxes) and know very little about the others.

Also, I shouldn’t have to do this, but I’m a lawyer, and we’re all about covering our asses:

*** LEGAL DISCLAIMER I am licensed to practice law in the States of Oregon and California. I am ethically required to state that the information herein does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. You should verify and confirm any information provided with an attorney licensed in your state. ***

Okay, so with that out of the way, the number one thing I get from clients who watch too much TV is the “Reading of the Will” concept.

This doesn’t happen, except on TV. At least, it doesn’t here in CA. It doesn’t matter when the will is read, and everyone certainly doesn’t have to be in the same room for that information to be passed on.

But people want that big production, that big reveal.

Guess what? It might be dramatic, but I’m going to judge you for writing it. As attorneys, one of our big issues is client confidentiality. We’re not just going to call in a bunch of random people and start announcing things to them. Yes, we may have to disclose things to certain people (mostly legal heirs and beneficiaries listed), but we’re not going to start shouting from the rooftops that Uncle Joe’s ex-step-cousin-twice-removed is disinherited.

Skye became the black sheep of her university’s literature department when she announced that what she really wanted to do for her senior thesis, instead of writing a thought-provoking essay on the deeper meanings of James Joyce, was to write a romance novel. They gave in, however, and the rest is history. As a result, Skye learned more than she ever thought possible about the inner workings of the publishing industry and off and on, given her schedule, pursued publication of both her senior thesis and other novels she’s written along the way.

Skye has many names and almost as many personalities to go with them. As Melinda Skye, she writes Romantic Suspense, Urban Fantasy, and Young Adult. As Skye Forbes, she may (or may not) have saved the world a few times over. In her real life, under another different name, Skye is a lawyer. And yes, if you ask nicely, she might help keep you out of jail. Or put you in it. It depends on her mood.
Skye lives in California, with her husband, brand new daughter, and menagerie of animals.